DWI – Driving While Intoxicated.

DWI stands for Driving While Intoxicated.  In Florida, DWI is DUI, Driving Under the Influence. 

DWI is driving while intoxicated and is the operation of a motor vehicle, aircraft, or watercraft while lacking ordinary physical or mental control as a result of the consumption of alcohol or drugs.

A blood alcohol content at or above .08 is enough to establish a person’s intoxication in most jurisdictions.

Some states have amended their statutes to rename this offense driving under the influence, like here in Florida where DWI is a DUI.

What about blood or urine samples when accused of a DWI?

A blood or breath sample has no inherent evidential value. The evidence at trial is not the sample but, rather, the results of tests performed on the sample. The due process question thus is whether the accused has sufficient opportunity to question the results of the tests.

What are the tests for DWI or DUI

The drawing of the sample of blood and the analysis done thereon constitute the “test.” The accused therefore has the right to have a sample taken and analysis made by an independent expert.

What is involuntary manslaughter from DWI or DUI?

Under the common law involuntary manslaughter is defined as the unintentional killing of another by a person engaged at the time in doing an unlawful act not amounting to a felony and not likely to endanger life or doing a lawful act in an unlawful manner.

In Florida, the legislature defines involuntary manslaughter. Fla. Stat. ch. 782.07 and Fla. Stat. ch. 860.01 define it as (1) the killing of a human being by the act, procurement or culpable negligence of another in cases where such killing shall not be justifiable or excusable homicide or murder; or (2) the death of a human being caused by the operation of a motor vehicle by any person while intoxicated

What is vehicular homicide under DWI or DUI?

Vehicular homicide’ is the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another. Vehicular homicide is a felony of the third degree.

If the death of any human being is caused by the operation of a motor vehicle by a person while so intoxicated, such person shall be deemed guilty of manslaughter and on conviction shall be punished as provided by existing law relating to manslaughter.” Manslaughter, section 782.07, is a felony of the second degree.

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